Origins and Mandate
The Commercial Division Advisory Council was established following a June 2012 recommendation by the Chief Judge’s Task Force on Commercial Litigation in the 21st Century. Co-chaired by former Chief Judge Judith S. Kaye and Martin Lipton, Esq., the Task Force identified the need for a permanent body to oversee the Division’s evolution.
In March 2013, then-Chief Judge Jonathan Lippman formally appointed the Council to:
- Implement Task Force recommendations to modernize the court.
- Bridge the gap between the judiciary and the business community.
- Ensure New York remains the premier global venue for commercial dispute resolution.
Economic Impact and Professional Recognition
Since its inception, the Commercial Division has become a cornerstone of New York’s economy. Its reputation for efficiency and predictability provides several key benefits:
1. Attracting High-Value Litigation
The New York State Bar Association (NYSBA) notes that the Division attracts complex cases that might otherwise be litigated in competing jurisdictions. This influx of activity generates hundreds of millions of dollars in legal fees and supports the broader legal ecosystem.
2. Business Retention and Growth
The New York City Council and the Association of Corporate Counsel (ACC) have both recognized the Division as an "economic engine." By offering a predictable legal environment, the court helps New York:
- Attract and retain major corporations.
- Stimulate job growth and demand for real property.
- Increase tax revenues, which in turn support the state’s judicial system.
3. Procedural Excellence
The Council’s work has led to significant reforms in the Division’s rules and operations. These updates have made litigation more cost-effective and expeditious, directly responding to the needs of sophisticated commercial litigants.
Current Initiatives and Resources
The Division’s success is highlighted in the 2025 film, A Court That Means Business, featuring Chief Judge Rowan D. Wilson and leadership from 13 global corporations (including Goldman Sachs, Verizon, and Pfizer). The film underscores the Division's role as an international leader in business jurisprudence.
For practitioners, the following resources are available to leverage the Division’s benefits:
- Standardized Clauses: The Commercial Division Rules provide sample language for choice of forum and choice of law provisions.
- Educational Materials: A descriptive flyer, jointly developed with The Business Council of New York State, summarizes the Division’s capabilities for clients and stakeholders.
Sample Choice of Forum Clauses
The purpose of these sample forum-selection provisions is to offer contracting parties streamlined, convenient tools in expressing their consent to confer jurisdiction on the Commercial Division or to proceed in the federal courts in New York State.
These sample provisions are not intended to modify governing case law or to replace any parts of the Rules of the Commercial Division of the Supreme Court (the "Commercial Division Rules"), the Uniform Civil Rules for the Supreme Court (the "Uniform Civil Rules"), the New York Civil Practice Law and Rules (the "CPLR"), the Federal Rules of Civil Procedure, or any other applicable rules or regulations about the New York State Unified Court System or the federal courts in New York. These sample provisions should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, the Federal Rules of Civil Procedure, and any other applicable rules and regulations. Parties that use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions.
The Sample Forum Selection Provision
To express their consent to the exclusive jurisdiction of the Commercial Division, parties may include specific language in their contract, such as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF."
Alternatively, if parties wish to express their consent to the exclusive jurisdiction of either the Commercial Division or the federal courts in New York State, the parties may include specific language in their contract, such as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, OR THE FEDERAL COURTS IN NEW YORK STATE, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF."
Sample Choice of Law Provision
The purpose of this sample choice of law provision is to offer contracting parties a streamlined, convenient tool in expressing their consent to having New York law apply to their contract, or any dispute under the contract.
This sample provision is not intended to modify governing case law or to replace any parts of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, or any other applicable rules or regulations. This sample provision should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, and any other applicable rules and regulations. Parties that use this sample provision must meet any requirements of applicable law.
To express their consent to have New York law apply to the contract between them, or any disputes under such contract, the parties may include specific language in their contract, such as: "THIS AGREEMENT AND ITS ENFORCEMENT, AND ANY CONTROVERSY ARISING OUT OF OR RELATING TO THE MAKING OR PERFORMANCE OF THIS AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW YORK'S PRINCIPLES OF CONFLICTS OF LAW."